Steel Wire Garment Hangers From Taiwan: Antidumping Duty Order, 73424-73425 [2012-29765]

Download as PDF 73424 Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Notices Dated: December 3, 2012. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Fair-Value Comparisons 2. Targeted Dumping 3. Product Comparisons 4. Date of Sale 5. Constructed Export Price 6. Normal Value 7. Currency Conversion [FR Doc. 2012–29783 Filed 12–7–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–801] Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is conducting an administrative review of the antidumping duty order on certain frozen fish fillets (‘‘fish fillets’’) from the Socialist Republic of Vietnam (‘‘Vietnam’’).1 The Department is rescinding the review with respect to An Giang Fisheries Import & Export Joint Stock Company (‘‘Agifish’’). The period of review (‘‘POR’’) is August 1, 2010, through July 31, 2011. DATES: Effective Date: December 10, 2012. FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202.482.0413. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with AGENCY: Case History On October 3, 2011, the Department initiated the eighth administrative review of fish fillets from Vietnam with 1 See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August 12, 2003). VerDate Mar<15>2010 18:30 Dec 07, 2012 Jkt 229001 respect to 32 companies.2 On January 2 and 3, 2012, Agifish, along with the Catfish Farmers of America and individual U.S. catfish processors (collectively, ‘‘Petitioners’’), withdrew their requests for an administrative review of Agifish.3 On September 12, 2012, the Department published the Preliminary Results.4 of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Partial Rescission of Administrative Review reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this determination in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. The withdrawal requests filed by the Petitioners and Agifish were submitted within the 90 day period and, thus, are timely. Because the withdrawal requests were timely submitted and because no other party continues to have an outstanding request for review of Agifish, in accordance with section 351.213(d)(1) of the Department’s regulations, we are partially rescinding this review with respect to Agifish. Assessment Rates The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries. Agifish has a separate rate from a prior segment of this proceeding; therefore, antidumping duties shall be assessed at a rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption during the POR in accordance with 19 CFR 351.212(c)(2). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Notification to Interested Parties This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation, 76 FR 61076 (October 3, 2011). 3 See Agifish’s submission dated January 3, 2012 at 1. See Petitioners’ submission dated January 2, 2012 at 1. 4 See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Preliminary Results of the Eighth Antidumping Duty Administrative Review and Ninth New Shipper Reviews, Partial Rescission of Review, and Intent to Revoke Order in Part, 77 FR 56180 (September 12, 2012) (‘‘Preliminary Results’’). PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 Notification Regarding Administrative Protective Orders Dated: November 30, 2012. Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–29775 Filed 12–7–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–849] Steel Wire Garment Hangers From Taiwan: Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. AGENCY: DATES: Effective Date: December 10, 2012. Based on affirmative final determinations by the Department of Commerce (the ‘‘Department’’) and the International Trade Commission (the ‘‘ITC’’), the Department is issuing an antidumping duty order on steel wire garment hangers from Taiwan. FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202.482.0413. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\10DEN1.SGM 10DEN1 Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Notices Background In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the ‘‘Act’’), on October 15, 2012, the Department published the Final Determination of sales at less than fair value in the antidumping duty investigation of steel wire garment hangers from Taiwan.1 On November 29, 2012, the ITC notified the Department of its affirmative determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of less-than-fair-value imports of steel wire garment hangers from Taiwan.2 Pursuant to section 736(a) of the Act, the Department is publishing an antidumping duty order on the subject merchandise. Scope of the Order The merchandise subject to this order are steel wire garment hangers, fabricated from carbon steel wire, whether or not galvanized or painted, whether or not coated with latex or epoxy or similar gripping materials, and whether or not fashioned with paper covers or capes (with or without printing) or nonslip features such as saddles or tubes. These products may also be referred to by a commercial designation, such as shirt, suit, strut, caped, or latex (industrial) hangers. Specifically excluded from the scope of the order are (a) wooden, plastic, and other garment hangers that are not made of steel wire; (b) steel wire garment hangers with swivel hooks; (c) steel wire garment hangers with clips permanently affixed; and (d) chrome plated steel wire garment hangers with a diameter of 3.4 mm or greater. The products subject to the order are currently classified under U.S. Harmonized Tariff Schedule (‘‘HTSUS’’) subheadings 7326.20.0020 and 7323.99.9080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. mstockstill on DSK4VPTVN1PROD with Antidumping Duty Order As stated above, on November 29, 2012, in accordance with section 735(d) of the Act, the ITC notified the Department of its final determination in this investigation, in which it found material injury with respect to steel wire 1 See Steel Wire Garment Hangers from Taiwan: Final Determination of Sales at Less Than Fair Value, 77 FR 62492 (October 15, 2012) (‘‘Final Determination’’). 2 See Steel Wire Garment Hangers from Taiwan (Investigation No. 731–TA–1197 (Final), USITC Publication 4363, November 2012). VerDate Mar<15>2010 18:30 Dec 07, 2012 Jkt 229001 garment hangers from Taiwan.3 Because the ITC determined that imports steel wire garment hangers from Taiwan are materially injuring a U.S. industry, all unliquidated entries of such merchandise from Taiwan, entered or withdrawn from warehouse, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (‘‘CBP’’) to assess, upon further instruction by the Department, antidumping duties equal to the amounts listed below for all relevant entries of steel wire garment hangers from Taiwan. These antidumping duties will be assessed on unliquidated entries of steel wire garment hangers from Taiwan entered, or withdrawn from warehouse, for consumption on or after August 2, 2012, the date of publication of the Preliminary Determination.4 Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend liquidation on all entries of steel wire garment hangers from Taiwan. We will also instruct CBP to require cash deposits equal to the amounts as indicated below. These instructions suspending liquidation will remain in effect until further notice. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted-average antidumping duty margins listed below.5 Provisional Measures Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. In the underlying investigation, the Department published the Preliminary Determination on August 2, 2012, and no exporters representing a significant proportion of exports of the subject merchandise requested that the Department extend the four-month period to six months. Therefore, the four-month period beginning on the date of the publication of the Preliminary Determination ended on November 30, 2012. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC’s final injury determination. Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of steel wire garment hangers from Taiwan entered, or withdrawn from warehouse, for consumption after November 30, 2012, the date provisional measures expired, until and through the day preceding the date of publication of the ITC’s final injury determination in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC’s final injury determination in the Federal Register. The weighted-average dumping margins are as follows: Manufacturer/exporter Golden Canyon Ltd .................. Taiwan Hanger Manufacturing Co., Ltd ................................. All Others .................................. Fmt 4703 Sfmt 9990 69.98 125.43 69.98 Dated: December 4, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–29765 Filed 12–7–12; 8:45 am] BILLING CODE 3510–DS–P 4 See Steel Wire Garment Hangers from Taiwan: Preliminary Determination of Sales at Less than Fair Value, 77 FR 46055 (August 2, 2012) (‘‘Preliminary Determination’’). 5 See section 736(a)(3) of the Act. Frm 00025 Margin (percent) This notice constitutes the antidumping duty order with respect to steel wire garment hangers from Taiwan pursuant to section 736(a) of the Act. Interested parties can find an updated list of antidumping duty orders currently in effect at http:// ia.ita.doc.gov/stats/iastats1.html. This order is published in accordance with section 736(a) of the Act and section 351.211 of the Department’s regulations. 3 Id. PO 00000 73425 E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Notices]
[Pages 73424-73425]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29765]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-849]


Steel Wire Garment Hangers From Taiwan: Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.


DATES: Effective Date: December 10, 2012.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(the ``ITC''), the Department is issuing an antidumping duty order on 
steel wire garment hangers from Taiwan.

FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone 202.482.0413.

SUPPLEMENTARY INFORMATION:

[[Page 73425]]

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the ``Act''), on October 15, 2012, the Department 
published the Final Determination of sales at less than fair value in 
the antidumping duty investigation of steel wire garment hangers from 
Taiwan.\1\ On November 29, 2012, the ITC notified the Department of its 
affirmative determination that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act by reason of less-than-fair-value imports of steel wire garment 
hangers from Taiwan.\2\ Pursuant to section 736(a) of the Act, the 
Department is publishing an antidumping duty order on the subject 
merchandise.
---------------------------------------------------------------------------

    \1\ See Steel Wire Garment Hangers from Taiwan: Final 
Determination of Sales at Less Than Fair Value, 77 FR 62492 (October 
15, 2012) (``Final Determination'').
    \2\ See Steel Wire Garment Hangers from Taiwan (Investigation 
No. 731-TA-1197 (Final), USITC Publication 4363, November 2012).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to this order are steel wire garment 
hangers, fabricated from carbon steel wire, whether or not galvanized 
or painted, whether or not coated with latex or epoxy or similar 
gripping materials, and whether or not fashioned with paper covers or 
capes (with or without printing) or nonslip features such as saddles or 
tubes. These products may also be referred to by a commercial 
designation, such as shirt, suit, strut, caped, or latex (industrial) 
hangers.
    Specifically excluded from the scope of the order are (a) wooden, 
plastic, and other garment hangers that are not made of steel wire; (b) 
steel wire garment hangers with swivel hooks; (c) steel wire garment 
hangers with clips permanently affixed; and (d) chrome plated steel 
wire garment hangers with a diameter of 3.4 mm or greater.
    The products subject to the order are currently classified under 
U.S. Harmonized Tariff Schedule (``HTSUS'') subheadings 7326.20.0020 
and 7323.99.9080. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise is dispositive.

Antidumping Duty Order

    As stated above, on November 29, 2012, in accordance with section 
735(d) of the Act, the ITC notified the Department of its final 
determination in this investigation, in which it found material injury 
with respect to steel wire garment hangers from Taiwan.\3\ Because the 
ITC determined that imports steel wire garment hangers from Taiwan are 
materially injuring a U.S. industry, all unliquidated entries of such 
merchandise from Taiwan, entered or withdrawn from warehouse, are 
subject to the assessment of antidumping duties.
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (``CBP'') to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amounts listed below for all relevant entries of steel 
wire garment hangers from Taiwan. These antidumping duties will be 
assessed on unliquidated entries of steel wire garment hangers from 
Taiwan entered, or withdrawn from warehouse, for consumption on or 
after August 2, 2012, the date of publication of the Preliminary 
Determination.\4\
---------------------------------------------------------------------------

    \4\ See Steel Wire Garment Hangers from Taiwan: Preliminary 
Determination of Sales at Less than Fair Value, 77 FR 46055 (August 
2, 2012) (``Preliminary Determination'').
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all entries of steel 
wire garment hangers from Taiwan. We will also instruct CBP to require 
cash deposits equal to the amounts as indicated below. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins listed below.\5\
---------------------------------------------------------------------------

    \5\ See section 736(a)(3) of the Act.
---------------------------------------------------------------------------

Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. In the underlying investigation, the Department published the 
Preliminary Determination on August 2, 2012, and no exporters 
representing a significant proportion of exports of the subject 
merchandise requested that the Department extend the four-month period 
to six months. Therefore, the four-month period beginning on the date 
of the publication of the Preliminary Determination ended on November 
30, 2012. Furthermore, section 737(b) of the Act states that definitive 
duties are to begin on the date of publication of the ITC's final 
injury determination.
    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of steel wire garment hangers from Taiwan entered, 
or withdrawn from warehouse, for consumption after November 30, 2012, 
the date provisional measures expired, until and through the day 
preceding the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation will 
resume on the date of publication of the ITC's final injury 
determination in the Federal Register.
    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Golden Canyon Ltd..........................................        69.98
Taiwan Hanger Manufacturing Co., Ltd.......................       125.43
All Others.................................................        69.98
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
steel wire garment hangers from Taiwan pursuant to section 736(a) of 
the Act. Interested parties can find an updated list of antidumping 
duty orders currently in effect at http://ia.ita.doc.gov/stats/iastats1.html.
    This order is published in accordance with section 736(a) of the 
Act and section 351.211 of the Department's regulations.

     Dated: December 4, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-29765 Filed 12-7-12; 8:45 am]
BILLING CODE 3510-DS-P